The Board has remanded the Veteran's claims for an earlier effective date for service connection of residuals of latent tuberculosis, scars from a pericardial window surgery, and pericarditis due to issues related to clear and unmistakable error (CUE) in the October 2006 rating decision.
The deciding factor: The CUE claim is intertwined with the earlier effective date claims and requires adjudication first.
- Claimed conditions
- residuals of latent tuberculosis, scars from a pericardial window surgery, pericarditis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19144756
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted the restoration of a 100 percent evaluation for pericarditis and special monthly compensation based on housebound criteria, effective November 1, 2024.
- Dismissed
The appeal of the October 2022 rating decision finding no new and relevant evidence to readjudicate the claim for service connection for myocardial infarction, myocarditis, and pericarditis was dismissed as procedurally defective.
- Partly granted
The Board dismissed the claim for service connection for paresthesia of the lower lip and chin as untimely, denied service connection for an eating disorder and a compensable rating for deviated septum, and remanded claims for service connection for pericarditis, bruxism, and right index finger scar.
- Partly granted
The Board granted restoration of the 30 percent rating for pericarditis effective February 1, 2024, as the reduction was improper. The case is remanded to address entitlement to a rating in excess of 30 percent.
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